On Jan. 28, 2009, Stafford, 80, was involved in an auto accident in Roseville, which was caused by Fagan, who was driving a car owned by Hicks-Porter. Plaintiff claimed that Fagan was driving too fast for the conditions, was not paying attention, and because of ice on the road crossed into Stafford’s lane of travel.

Stafford suffered neck and lower back injuries, but did not seek emergency care or any other medical care for two weeks. State Farm, which was assigned the uninsured motorist claim as both Fagan and Hicks-Porter did not have insurance, paid his PIP benefits and UIM benefits, but the benefits were discontinued Sept. 7, 2010, following three independent medical examinations.

Plaintiff argued that Stafford’s pre-existing degenerative disc conditions — including three prior fusions — were severely aggravated, and that Fagan and Hicks-Porter were driving negligently. Stafford, who has been disabled since the 1970s, could not appear at trial, as he was in the hospital for unrelated health matters.

Defendants contended that all of Stafford’s injuries were pre-existing, and that there was no objective evidence that he suffered injuries in the accident. In addition, Fagan and Hicks-Porter were driving in a safe and careful manner, and that the ice on the road could not be avoided.

The jury determined that plaintiff was not entitled to benefits past Sept. 7, 2010, and that defendants were not negligent.